HomeMy WebLinkAbout08-05-86
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~ OF '!HE CITY <XHITSSlaol MEEl'lH:; HELD AIGJST 5, 1986
P.RESmr: Mayor Ison, Carrmissioners Johnson, Bateman, Hager; City Manager Ryan,
City Attomey Kruppenbacher, City Engineer Kelley, City Planner Wagner, Building
Official Gerace, Finance Director Poston, Water Dept Supervisor Cockrell, City
Clerk Catron, and Deputy Clerk Green.
ABSENr: Camri.ssioner Rodgers
CALL 'ID ORDER - MAYOR lS(E
Mayor Ison called the rreeting to order at 7: 30 P.M., then led in prayer and
the Pledge of Allegiance to the flag.
PRESEN.mTI<X'lS AND PR:01\MATI<X'lS
Mayor Ison introduced Mayor Bob Barber of Winter Garden. In order to show
appreciation for the successful cooperation between City of Ocoee and City
of Winter Garden, Mayor Ison presented a "City of Ocoee watch" and a tape
of the Ocoee song to Mayor Barber on behalf of the Board of Camri.ssioners
and the City of Ocoee. In retum, Mayor Barber presented an hour glass in-
scribed on one end with "Winter Garden - 1986 - Ocoee" and on the other
"Winter Garden 1913 - Ocoee 1925", noting that cooperation between cities can
bring about :i.rrproved services for all. Chief Brandt also expressed grati-
tude for Winter Garden Police Chief Yawn's cooperation.
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Mayor Ison introduced Roger Davision, the District Executive, Citrus District,
of Central Florida Council of Boy Scouts of Arrerica. Mr. Davison expressed
gratitude to the City of Ocoee for generous financial support, and in
appreciation presented a painting, print #27 of 500 by G. Berhow "Launching a
New Era", depicting a shuttle launch. Mayor Ison expressed thanks and that
he looked forward to further w:::>rking with the Scouts in September.
Mayor Ison introduced Linda Chapin, a candidate for Orange County Comnissioner,
and welcared her to the rreeting.
APPm\7ALS - ~ 1\GEN)A
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Carmissioner Bateman IIDved to pull Item 0 from Consent Agenda for further
discussion. Carmissioner Bateman IIDved to approve all items on the Consent
Agenda, with the exception of O. Ccmnissioner Johnson seconded, and the
vote carried unanirrousl y. The i terns approved were as follows: A - Regular
Carmission Meeting Minutes of July 15, 1986; B - Special Session Carmission
Meeting Minutes of July 29, 1986; C - Proposed Ordinance, Rezoning Wescar,
Inc., First Reading; D - Proposed Ordinance, Rezoning Lakendon, Inc., First
Reading; E - Proposed Ordinance, Rezoning U.S. Hare Corp. (Story Prop. POO),
First Reading; F - Proposed Ordinance, Rezoning W. C. Davis, First Reading;
G - Proposed Ordinance, Rezoning Barry S. Goodman (Springlake Poo), First
Reading; H - Proposed Ordinance, Rezoning Harvey Heller (Corrmercial), First
Reading; I - Proposed Ordinance, Rezoning Harvey Heller (Multiple Family) ,
First Reading; J - Prop:>sed Ordinance, Rezoning Harvey Heller (Single-Family),
First Reading; K - Proposed Ordinance, Rezoning Sylvestri Investm:mts Co.,
First Reading; L - Proposed Ordinance, Rezoning Dr. Robert L. Ferdinand
(N. Parcel), First Reading; M - Proposed Ordinance, Rezoning Dr. Robert L.
Ferdinand (S. parcel), First Reading; N - Proposed Ordinance, Fonning
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City Catmissial ~
August 5, 1986
Recreation Board; P - Permission to hold Ocoee Raft Regatta on Starke and
Prima. Vista Lakes - Ocoee Historic Camri.ssion/Betty Ervine; Q - Pennission
to use Catmunity Center Facilities at no charge - West Orange Mem:>rial
Hospital/Mary A. Willis. City Manager Ryan read proposed ordinances C thru
N by title only prior to the second readings. Ordinance N will have second
reading in thirty days. The other approved ordinances will have second
reading on November 18th.
Mayor Ison congratulated Betty Ervine, President, Ocoee Historical
Carrmission, for a job well done. He asked her to let us know how we can
work with her on the Regatta project in October.
In reference to Item 0, Comnissioner Bateman recalled no provision in the
Merit Board Ordinance for selection of alternates to the board. City Manager
Ryan confirrred no specific reference to appointrrent of an alternate. City
Attorney Kruppenbacher reccmrended placing this item on the agenda for the
next rreeting.
OlD BUSINESS
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Special Staff Repcn: ls - City Engineer: Mr. Rich presented the final cost
certificatial for !brest Oaks Water Plant for City Engineer Steve Miller,
who is on vacation. Camri.ssioner Bateman expressed concem about taking
action without Mr. Miller being present to answer questions. In response
to a question about the m:nuber of connections, Mr. Rich stated that the
original agreement was for 1250 but the design allowed 1749 to be achieved.
He noted that this will represent additional revenue to the city. Mr. Rich
delivered other docuIrents: warranty deed, release of lien, bill of sale,
affadavit, and maintenance bond to City Attomey Kruppenbacher prior to the
meeting and Mr. Kruppenbacher recamended that action be postponed to the
next meeting to allow tiIre for him to study the docuIrents. He stated that
given the history we've had with problems of this nature, the prudent approach
to avoid future problems would be to have Mr. Miller go through the letter
and explain and justify each reccmrendation that has been rnade. Mayor Ison
requested that Mr. Miller attend the next meeting. There was general agree-
ment to table this item until then. Mr. Rich also asked that the m:xlifi-
cation of Forest Oaks Site Plan Phase I be tabled. Conmissioner Bateman
mentioned that he was uncertain whether there was a carrnittment fra'!l. Mr. Rich
or fran the county to pave the road. Mr. Rich said that it was not fran him,
but he would look into it before the next Ireeting.
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City Engineer Tan Kelley stated that he had not received the Carriage Oaks
Final Plat so was not prepared to address it. City Attomey Kruppenbacher
suggested that since this was a routine plat approval, it could be approved subject
to r1r. Ryan I Mr. Kelley I and him reviewing the plat. City Manager Ryan
indicated that the cover sheet needed minor revisions. Mayor Ison asked the
City Planner what had been worked out on the looping of the water line.
It had not been revie~. Camri.ssioner Johnson IIDVed to table the Carriage
Oaks Final Plat approval till the next rreeting, Conmissioner Bateman seconded
the notion, approval was unanim:ms.
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City ~;~crion ~
August 5, 1986
BIergency Ordinance Prohibiting Net Fishing:
Special Staff Reports - City Attomey: City Attorney Kruppenbacher
stated there had been many conversations with appropriate state authorities
since the passage of the emergency ordinance preventing net fishing including
one today with Dan Stingle, attorney for the Florida Gane and Fresh l.vater
Fish Carrnission (hereafter designated by FGFWF). Mr. Stingle expressed the
opinion that the City was invading the jurisdiction and province of the
~VF by this ordinance regulating the lakes and would file suit in the
courts if the petition is not allowed to expire. Attomey Kruppenbacher
rec<mrends the present ordinance be allowed to expire, and the City Corrmission
authorize him along with the City Manager, to file a fonnal petition with
the FGFWF Camri.ssion at their rreeting on September 5th requesting an end to
net fishing in the la..1ces of Ocoee. Mr. Stingle assured us he would expedite
the petition, but the process could take nonths even if approved by the FGFWF
Carrmission. Mr. Stingle was not prepared to conclude without further research
whether regulation of ramps would violate jurisdiction of the FGFWF Corrmission.
Attomey Kruppenba.cher asked that if the Corrmission is in agreement with his
recCI'll!EIldation that one carmissioner be designated to sign the petition along
with Mr. Ryan and himself. In response to Mayor I son 's call for CQl't'lreIlts,
Canmissioner Bateman recalled that the City Charter provides in chapter 2,
page 13, that the city has the right to regulate, control, and restrict use
of the lakes and this ordinance has not been challenged. Mr. Bateman expressed
concem that gane fish are being taken from Starke and Prima Vista Lakes for
transport to other lakes wi thin and without Orange County by FGFWF Carrnission
staff and are thereby in violation of the law. He requests the City Manager
and City Attomey study our charter and get pictures of fish being rerIDved
from the lakes for evidence if needed. Mayor Ison directed Camri.ssioner
Bateman, City Manager Ryan, and City Attomey Kruppenbacher to prepare a
presentation and request to be on the agenda for the FGFWF Carrmission
rreeting on September 5th. 'lbeir petition will request rule changes to
prohibit net fishing in all of the lakes in Ocoee. Ccmnissioner Bateman
noved for the present ordinance to expire at midnight tonight, and to authorize
the City Attomey to prepare and file a petition asking the FGF'{rVF Carmission
to make a rule prohibiting net fishing in the city, Carmissioner Hager
seconded the notion. A fisherman from Haines City, Bill Thomas, asked ~t
problem is caused by net fishing':. Attomey Kruppenbacher responded that
the City's lakes have traditionally been reserved for recreational use -
cc::mnercial use deprives citizens, and cc:amercial users are making use of
lakes in a manner which the comnission does not feel is appropriate. Canmissioner
Bateman assured Mr. 'lbanas that the Carmission has no problem with his
catching the nile perch during the day. It is those who are net fishing at
night who are disturbing nearby residents with loud noise, lights, and
profanity at 2: 30 and 3: 00 A.M. .
Wesley Porak, a biologist with FGFWF Canmission, asked to address a couple
caments. He has been participating in the study of the lake to iIrprove
bass fishing for four years and confinred that shocking of the fish is done
here, as well as in Tennessee and allover the country. He states that it
is not only one of the nost efficient rrethods of counting fish but usually
harms fish less. Cam1issioner Bateman interjected that "it kills fewer of
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City Ccmnissi.cn ~
August 5, 1986
them", and encouraged the retum to old rrethods of catching and counting
fish. Mr. Porak stated that gane fish are not taken to other lakes and
all bass are retumed to the lake. The age and growth of pan fish and
others in the lake are being studied because the sizes have been going
down. A ranclan semple of 100 blue gills (from 1 to 7 inches) is reIIDved
fratl the lake each S\.lIIIrer for research ptU1X)ses.' The bass population has
remained about the sane. Studies such as this do not ham fish population,
Mr. porak contends. Camri.ssioner Bateman asked Mr. porak to make himself
available to meet with fisherrren about the 14-22 inch, 3 year rule. The
fisherrren could confinn the kind of fish that '\Nere being rerroved by FGFWF
Coomission staff. Mr. Porak agreed to rreet when Comnissioner Bateman could
arrange it. Mayor Ison asked Mr. porak how much longer this project is to
last. Mr. Porak said it is scheduled to run thru April, 1987. A public
rreeting by the FGFI'.vF Conmission for local residents was held on May 28th of
this year to update them on regulations and only twelve people responded.
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Mayor Ison stated that the city had prior verbal approval fratl two individuals
fratl the State Depart.rrent of Natural Resources for limited clean up activity
on the lake, and confinred that this activity would not interfere with FGFWF
Camri.ssion project. He explained that a citizen was stopped fratl rerroving
cattails from the north shore of the lake and asked, "What is the problem
with rerroving cattails?" Mr. porak replied that it is okay to rerrove debris
such as cans, bottles, garbage, tires, etc., but cattails and other naturally
occurring vegetation provide food and shelter to support the fish population.
Mayor Ison stated that another state biologist -with DNR - had said it was
okay to rE!IIDve cattails, but not grass - therefore reIOOval of the cattails
will continue and if done by hand is no problem. Mayor Ison asked Mr. porak
to meet with him so he could show him the areas to be cleared, to make certain
it would not irrpact on the study.
Mr. Porak asked to address one other issue, the issue of trGrt" lines. The
~.vF Ccmnission has been working with the City of Ocoee for years to change
laws on tro't' lining. He requested the City be aware of this as they go
through the petition process. Mayor lson directed Coomissioner Bateman and
City Manager Ryan to make note of this for their caments on September 5th.
There being no further discussion, the Mayor called for question on the
notion and the notion carried un.arnirrously.
Mayor Ison noted the next fishing tournament is to be Sunday, August 17th
on John's Lake fratl 6:00 A.M. to 2:00 P.M..
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POBLIC IJF.l.\RIRiS AND SJDH) RFADlRiS
Ordinance 899 - Catprehensive Plan ADedIent (Renaissance) - City
Manager Ryan read the proposed ordinance by title only and Mayor Ison opened
.the Public Hearing. Mr. Ryan requested approval with the understanding
that the developer's agreerrent will be finalized and brought back for
approval prior to rezoning. Don McIntosh, a representative of the developer,
Renaissance Developnent, showed a sketch of the property with three out
parcels on the front. Ccmnissioner Bateman stated the developer's agreerrent
addressed his concems about the project; however, he would prefer only one
exit onto Hi~lt~v 50. Mayor Ison expressed pl~sure with the planned qreen
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City Ccmn:i.ssion leting
August 5, 1986
landscaping buffer, and Carrmissioner Hager stated that he is satisfied and
this will be a real asset to the City of Ocoee. Mayor Ison asked for questions
from the audience. Mr. Vem Combs asked what buildings and stores would be
included in the developoont. Mr. McIntosh responded that very probably a
bank, restaurant, shopping complex including a reputable major food chain
and other retail outlets. Mayor Ison canrrented that "We are presently dealing
conceptually with zoning categories rather than physical buildings. Mayor
Ison concluded the Public Hearing _, ) _, /- on Ordinance 899. Carmissioner
Bateman noved to approve the ordinance on the basis of the developer I s
agreement and subject to minor suggestions the attomey made. Comnissioner
Hager seconded the notion and t.he notion carried unaninousl y . The Developer's
Agreement will care back for approval.
Ordinance 904 - Annexation, Florida Air Conditioners, Inc. - City
Manager Ryan read the proposed ordinance by title only and Mayor Ison opened
the Public Hearing. City Planner Russ Wagner pointed the property out on
the ma]> and explained that it was the 50 foot strip of land imnediatel y
adjacent to their property and on the east side of Maguire Road. Joe Maliga,
General Marketing Manager for Florida Air Conditioners stated that they "Were
in the city, but needed nore land, and wanted it to be in the city also. There
were no other comrents. Carrmissioner Hager noved to approve the ordinance.
Ccmnissioner Bateman seconded the notion, and the notion carried unaninousl y.
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Ordinance 905 - AneIding om 1894, DevelopIent Review Fees - City
Manager Ryan read the proposed ordinance by ti tIe only. Mr. Ryan noted that
the primary purpose of this ordinance was to delete the portion pertaining
to an al temate rrethod for payment of developer I s fees. Mayor Ison opened
the Public Hearing. There were no comrents by ccmnissioners or citizens.
Mayor Ison closed the Public Hearing. Commissioner Johnson noved to approve
Ordinance 905, Camri.ssioner Bateman seconded and the notion carried unanwusly.
~: Mayor Ison called for recess at 8:47 P.M..
CALL 'ID ORDER: Mayor Ison called the meeting back to order at 9: 10 P.M..
0lHER BUSINESS
Cablevision Industries of Central Florida, Inc. - Cablevision Industries is
requesting the franchise be placed back in the nan:e of Cablevision Industries
of Central Florida, Inc.. City Attorney Kruppenbacher stated that he has
requested copies of docurrents on which they based these recomnendations,
but he has not received them. He requested that no action be taken at this
tiIre. Corrmissioner Bateman noved to table the notion indefinitely, Ccmnissioner
Johnson seconded the notion, and the notion carried unanwusly.
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M:!rit Pay Raises Discussion - Mary Ellen FraIre, Vice-chainnan of the Merit
Board, requested authority to fully expend the $18,100 allocated for Merit
Pay Raises during the present fiscal year. She explained that using Mr.
Preston's rrethod only $6,850.00 was expended on awarding of :rrerit raises
otr1 May 21st, thus twenty people received the 5% raises. City Manager Ryan
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City Carmission M=eting
August 5, 1986
and Mayor Ison errphasized that no IIDney is available for IIDre merit raises
for the current year and they were in agreerrent wi thMr. Preston's method
of annualizing. Mayor Ison and all the ccmnissioners expressed displeasure
with the merit system. The Mayor said the Merit Board Plan is not working
and that many errployees had complained to him about it. Carrmissioner
Johnson said he also had heard many complaints about the system in the
short t:irre he has served as comnissioner. Conmissioner Bateman corrrrented
that merit raises generate favortisrn, and that he personally detests the
procedure and will have nothing to do with it. Carrmissioner Hager cornrrented
that merit raises do not seem to affect productivity and he personally does
not like the merit system. Mayor Ison stated that it is the consensus of
the comnission that the concept of the merit system is not workable; however,
they are interested in having salaries and benefits for errployees where they
ought to be. The carrmissioners asked City Manager Ryan to review the merit
pay system and care back with a recorrrrendation.
Sauer Septic Tank Catpany Request for 60 day extension - Sauer Septic Tank
Canpany requests this 60 day extension of the installation of a security
fence as they are in the process of purchasing additional property. Mrs.
Betty Hager expressed the hope that they can close in the next 60 days.
Conmissioner Johnson IIDved to grant the request, Conmissioner Bateman seconded,
and the IIDtion was unan:i.rrousl y approved.
e CCMDTS F1Df CITIZENS/PUBLIC
Mr. R. P. Molmacky, 7227 Brocbank, Orlando, who is considering IIDVing to
Ocoee, asked why C-Span is not available in the area. Mayor Ison told him
that the Camri.ssion has no authority to regulate Cable TV - that it is market
driven. Mr. Molmacky then asked about the stability of water rates. Mayor
Ison assured him that Lt is city policy for the developer to provide for
new water system needs so that the tax payers do not bear the cost. Mr .
~hnacky was encouraged to call the City Manager for other general information
questions which he might have.
NEfi l':J.EINESS
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Ca!plaints an Parking Tickets - City Attorney Kruppenbacher asked Mayor Ison
and Chief Brandt if it was not correct that problems with parking tickets should
be taken to a county court judge. Chief Brandt replied that he had contacted
Judge Kirkland's office about this, but had not received a response. Attomey
Kruppenbacher reCClIt'lITeIlded that we defer action until we hear fran the county
court judge, as we do not want to invade the province of the county court
judge. Peggy Ricardo, a citizen with a parking ticket complaint, stated
that she had extenuating circumstances and asked to explain them to the
Carmissioners. After sare discussion, it was explained that she was in
violation of the law, and the ticket would have to be paid. Attomey
Kruppenbacher explained that the only tiIre the City Corrmission could hear
these cases would be if the person could prove they were not guilty of the
violation. If the person is guilty but had extenuating circumstances, they
could not make any changes or void a ticket.
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City Carmission Meeting
August 5, 1986
~ AND INF<>lM\TIrn - CITY MANAGER
Fol.J..ow-up 1\genda Report - City Manager Ryan said that Captain Coschignano
with the Fire Deparbrent has been instructed to contact Bob Cascadden of the
Orange County School System with reference to using the schools in Ocoee for
emergency shelters if needed. Mr. Ryan suggests a ~rkshop with City
Cornnissioners to consider a zoning ordinance arrendment. More information
is needed regarding a fence that is creating a hazard at the Yusuf !>bharnad
property. Mr. Ryan will rreet with Ccmnissioner Johnson and report back.
A policy is evolving for dealing with developers from the standpoint of
developer's agreerrents and developnent plans for larger tracts of land.
City Manager Ryan thinks it is a good one, but he advises a workshop be
held to confirm that this policy and several other things are in accordance
with what the Camri.ssion wants to accorrplish.
~ AND INF<>lM\TIrn - CITY AT'IDRNEY
Nothing to report.
a:tM!NrS FKM CCMfiSSlrnERS
Carrmissioners had no additional cornrents.
The rreeting adjoumed at 10: 14 P.M..
;:L~ b
Mayor
'7YI {kAJ-~ 06 A ~
~
Deputy Clerk
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